IN THE PROVINCIAL COURT OF NOVA SCOTIA
Citation: R. v. Crawley, 2009 NSPC 72
Date: 2009 Dec 18
Docket: 1981202
Registry: Halifax
Between:
Her Majesty the Queen
v.
Kyle Andrew Crawley
LIBRARY HEADING
Judge: The Honourable Associate Chief Judge R. Brian Gibson
Heard: September 1, 2009 and November 2, 2009 in Dartmouth, Nova Scotia
Written Decision: December 18, 2009
Subject: The accused, who was operating a motor vehicle at Westphal, Nova Scotia on October 26, 2008 was charged with an offence contrary to S.259(4) of the Criminal Code for allegedly violating a driving prohibition order issued in Ontario on December 20, 2007 as a result of a conviction for an offence committed in Ontario contrary to S.249.1 of the Criminal Code.
Issue: Whether the Crown, in proof of the S.259(4) charge, had established that the Ontario Court of Justice, when issuing the Prohibition Order, complied with the requirements of S.260(1) of the Criminal Code.
Result: The Court, relying on R. v. Molina (2008) 231 C.C.C. (3d) 193, held that proof of compliance with the provisions of S.260(1) is a pre-condition for proof of a S.259(4) driving while disqualified charge. In this case the Crown failed to prove S.260(1) compliance leading to a not guilty verdict. Also considered was whether the crown was entitled to rely upon the “presumption of regularity” to cure deficiencies in the Prohibition Order relative to the provision of full information about S.259(4) as required by S.260(1)(c). Held that in this case the Crown was not entitled to rely upon the “presumption of regularity”.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.